•v 
526 G E R M 
2+th of O£lober 1648, the peace of Weftphalia was 
figned at Muniter, wliich brought back to Germany its 
loft tranquillity, lecured the rights of confcience, and 
elhibliihed the proteftant religion in Germany. 
By virtue of the religious llipulations eltablilhed by 
the treaty of Weftphalia, no other religion but that of 
Roman, Lutheran, and Calviniftic or Retormed, was to 
be tolerated in the entpire; yet there are facts that ad. 
here to neither of tliefe three religions, and yet enjoy 
the free exercife of their own. The determination 
whether a perfon be a member of this or that church, 
belongs only to that very church ; and each fovereign, 
or lord, is bound to allow his own valfals and fubjects, 
who are of another religion, not only the public and 
private exercife of theirs, but every thing belonging to 
it, churches, ichools, fpiritualities, incomes, confifto- 
ries, &c. in the fame manner as they (food on the firft 
of January 1624: but in a country where there are fub- 
jeits who adhere to one religion which in that year was 
neither publicly nor privately obferved, it lies in the 
fovereign’s breaft whether he iliall lufter them to re¬ 
main in the country. If he enters into a ftipulation 
with them, and promifes them a toleration, it nuift be 
maintained, not only by him, but by his luccelfors; tor 
the rights of fuch I'ubjedts muft not be infringed. But 
if he will grant no toleration, he mult allow thole who, 
at the time of the treaty of Weftphalia, were already 
fettled in his country, live years at lealt; and thofe who 
afterward came to Icttle therein, or have made any 
change in their religion, at leaft three years. However, 
thefe regulations have in later times been wholly neg- 
lefted. 
Each proteftant ftate may make what regulations and 
changes it pleafes within its own jurifdidtion, in mat¬ 
ters relating to the churches and Ichools. Hence the 
external forms differ greatly in the proteftant countries 
of the empire. The fovereign commonly decides all 
important affairs, fettles and eftablilhes, removes, pro¬ 
motes, calhiers, or othervvife punilhes, fuch as ferve ei-' 
ther in the church or fchools: he forms eccleliaftical 
regulations, appoints feafts and falls, and ereffs col¬ 
leges, which in his name fuperintend the other affairs 
of the church. Conliltoriesare alfo generally appointed 
by the proteftant Hates, which for the moft part conlift 
of lay and ecclefialfical counfellors ; but in lome places 
more, and in others fewer, things fall under their notice. 
In many places alfo peculiar fynods and a church coun¬ 
cil are held. Thofe that ferve the church and fchools 
are either appointed by the fovereign of the country, or 
the conliftory, the elders of the church, or its members. 
I'he power poffelfed by the proteftant Hates over their 
catholic fubjeCts, is the fame with that which the ca¬ 
tholic Hates have over their proteftant fubjedts. In fa¬ 
vour of thofe, who in the year 1624 enjoyed the public 
exercife of their religion, it is provided, tliat the ca¬ 
tholic hilltops, in whofe dillridt they belong, ftiall re¬ 
tain the fame fpiritual jurifdiclion over them as they 
held in that period : confequently, fuch as were merely 
tolerated out of grace or favour, are alfo wholly left, 
in this particular, to the fupreme jurifdidtion of the 
lord of the country; but with this limitation, that he 
can require nothing of them which is contrary to the 
principles of tlieir church. On the other hand, no 
cloifter lituated in the territory of any proteftant fupe- 
xior, or lord, can be converted to the ufe of any other 
order, unleis the former order be w'holly extintt; and 
even in that cafe, the cloifter is to be fupplied only with 
fuch regulars as had a being, or were an order, prior to 
the religious diftenlions. 
In Ihort, the protellants compofmg one united body 
have mutually agreed, that whenever a Lutheran lord 
of a country lhall change his religious perlualion to 
that of the reformed or Calviniftical church, or obtain 
a country whole inhabitants are of that communion, and 
vke verfa^ he fhall preferve to his fubjeCts the free ex- 
ANY. 
ercife of their religion, their whole form of church and 
fchool difcipline, and all their other privileges. -But 
if a church fliall of itfelf change its principles to that 
of the lord of the country, the public exercife of reli¬ 
gion fhall be pernritted the people ; but at their own 
expence, and without prejudicing the adherents to other 
tenets. The confiftorial rounfellor, the fuperintendents 
of divinity and of philofophy, are to profefs the reli¬ 
gion that prevailed in the country at th.e conclufion of 
the treaty of Weftphalia. Thus an enlarged principle 
of mutual toleration was inculcated throughout the 
Hates of Germany, which has greatly promoted the 
happinefs of the people, by extirpating the feeds of re¬ 
ligious perfecution. 
The adminiftration of juftice is. condmSled with the 
fame principles of equity as are oblerved with refpeft 
to religious liberty, or liberty of confcience. The diet 
is that aftembly of the Hates in which the legillative 
power of the empire relides; and is compofed of the 
electors, princes, prelates, counts, and free or imperial 
cities. The emperor, when prefent, prefides in perfon; 
when abfent, by his commiliary, whofe communication 
of propofals from the emperor to the affembly is called 
the commijforial decree. The eleftor of Mentz, as chan¬ 
cellor of the empire, is direblor of the diet; and to his 
chancery are all things addrefted that are to be fub- 
mitted to the empire ; the reading of which by his fe- 
cretary to the I'ecretaries of the other minifters at the 
diet is denominated per diclaturam, and conftitutes the 
form of tranfmitting papers or memorials ’to the dicta- 
ture of the empire. 'I'he diet is compofed of three 
diftinCl colleges, each of which has its particular di- 
reilor. The lirll college is that of electors; of which 
the archbiftiop of Mentz is diredtor as firft eledtor. The 
fecond college is that of princes. It conlifts of princes, 
archbifliops, and bifltops; and of prelates, abbots, and 
counts, who are not conlidered as princes. Each prince, 
I’piritual and temporal, has a vote, but prelates and 
counts vote by benches. The prelates are divided into 
two benches, the counts into four; and each bench has 
only one vote. The archduke of Auftria and the arch- 
bilhop of Saltzburg are alternately directors of the col. 
lege of princes. The third college is that of the free 
cities of the empire ; the diredtor of which is the minifter 
of the city in which the diet happens to fit. In all thefe 
colleges, the fentiments of the majority are conclufive, 
except in refpecl of fundamental laws, tvhich affect the 
whole empire, or fuch matters as relate to religion. In 
thefe they muft be unanimous. 
Where religion is interelled, the proceedings are alfo 
different. The colleges are then confidered as confifting 
of two bodies, the evangelic and the catholic; and if 
any religious point be propofed, it muft meet not only 
the unanimous concurrence of the propofing body, but 
muft have the majority of the other to eftablifh it. This 
dillindlion arofe from the evangelic body, which was formed 
by the proteftant ftates and princes to guard the prote¬ 
ftant intereft in Germany, by watching over the laws for 
the fecurity of their religion, and, in cafe of violation, 
by obtaining redrefs from the imperial throne. For in 
any part of the empire, as in the palatinate, where the 
count is a papift and the fubjedls are proteftants, fliould 
oppreflions arife, application would be made to the 
evangelic body through the diredtor. 'I’he eledtor of 
Saxony is direclor of the evangelic body, though he is 
a papift : but therefore his reprefentations in favour of 
the proteftants have more force ; and befides, fhould he 
abul’e an office v/hich invefts him with confiderable weight 
and influence, he could be inftantly deprived of it. 
The firft two colleges are ftyled Juperior, and in effedf 
conftitute the diet: for all points that come before the 
diet, are generally firft deliberated in the college of 
electors, and pais from that to the college of princes ; 
in which, if any objedtion arile, a free conference takes 
place between the directors of each college, And Ihould 
.tiieyj. 
